Debi Prosad Dey, J. - (1.) This application under section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner for quashing of all proceedings of GR case no. 3461 of 2011 pending before learned Additional Chief Judicial Magistrate, Sealdah, 24 Parganas (South) corresponding to Kashipur police station case no. 2558 of 2011 dated 31st July, 2011 for the offences punishable under Section 498A/406/34 of the Indian Penal Code.
(2.) The son of the petitioner was married to opposite party no. 2 (Sumitra Dan) on 10th of December, 2010 in accordance with the Hindu Rites and Customs and immediate after their marriage they left India and started residing in United States of America. Dispute cropped up between the married couple during their stay in United States of America and opposite party No. 2 returned to India and filed the case under reference along with one complaint case being no. 2263 of 2011 against the son of the petitioner and the petitioner alleging inter-alia that the opposite party no. 2 was subjected to torture by the petitioner and her son during her stay in United States of America and that the petitioner and her son did not return the "Stridhan" properties of opposite party No. 2.
(3.) Despite best effort, notice could not be served upon the opposite party No. 2. However, learned Advocate for the state was directed to serve a copy of the notice along with the copy of the revisional application upon opposite party No. 2. It appears from the report submitted by the concerned police officer that opposite party No. 2 has already settled in United States of America and she left India after selling her properties and there is absolutely nobody to receive such notice on behalf of opposite party No. 2. The said report of concerned police station shall be retained with the record for future reference.;